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Statutes Text

Article - Education




§5–302.

    (a)    There is an Interagency Commission on School Construction.

    (b)    The Interagency Commission is an independent unit of State government.

    (c)    The purpose of the Interagency Commission is to develop and approve policies, procedures, guidelines, and regulations on State school construction allocations to local jurisdictions in an independent and merit–based manner.

    (d)    The Interagency Commission consists of the following members:

        (1)    The State Superintendent of Schools, or the Superintendent’s designee;

        (2)    The Secretary of Planning, or the Secretary’s designee;

        (3)    The Secretary of General Services, or the Secretary’s designee;

        (4)    Two members of the public appointed by the Governor;

        (5)    Two members of the public appointed by the President of the Senate; and

        (6)    Two members of the public appointed by the Speaker of the House.

    (e)    The Governor, President of the Senate, and Speaker of the House jointly shall select the Chair of the Interagency Commission.

    (f)    (1)    An appointed member of the Interagency Commission may not be:

            (i)    An individual who is a regulated lobbyist as described in § 5–702(a)(1), (2), (3), or (4) of the General Provisions Article;

            (ii)    A federal, State, or local elected official;

            (iii)    An employee of State or county government or a county board of education; or

            (iv)    An individual who has a business interest in, or contracts related to, school construction in any jurisdiction in the State.

        (2)    An appointed member of the Interagency Commission may be removed for incompetence, misconduct, or failure to perform the duties of the position by:

            (i)    The Governor, if appointed by the Governor;

            (ii)    The President of the Senate, if appointed by the President of the Senate; or

            (iii)    The Speaker of the House, if appointed by the Speaker of the House.

    (g)    An appointed member of the Interagency Commission:

        (1)    May not receive compensation as a member of the Commission; but

        (2)    Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

    (h)    (1)    The Interagency Commission is a public body and subject to Title 3 of the General Provisions Article.

        (2)    Deliberations and decisions regarding the eligibility of projects and allocation of funding shall be considered quasi–legislative functions for the purposes of the Open Meetings Act.

    (i)    (1)    The Interagency Commission may employ staff, including contractual staff, in accordance with the State budget.

        (2)    The Interagency Commission shall appoint an Executive Director of the Interagency Commission.

        (3)    (i)    The Department or any other State agency may lend its employees to serve as the staff for the Interagency Commission.

            (ii)    These employees shall be paid by the agency that employs them.



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